We received green cards in January 2020 under EB-5. We came back to Saudi Arabia to prepare for the relocation. But now due to pandemic lockdown, we are not able to travel back and our stay overseas will exceed six months. Will this affect our green cards when we will be back to the U.S.?
Make an effort to come back as soon as possible. Many travelers are affected by COVID but you should be able to demonstrate you came back at the first opportunity. You must back before one year is up.
People returning after six months abroad, during COVID-19, will be considered on a case by case basis.
You should make arrangements to return to the United States as soon as possible. If your absence has been less than one year, you should provide evidence of your unsuccessful attempts to return to the United States, such as canceled air travel reservations, along with proof of your U.S. residence (property ownership, employment, school, bank statements, utility bills, tax returns, etc.). If your absence has been more than one year, you will need to apply for and obtain SB-1 returning residents'' immigrant visas before being allowed to reenter the United States.
Six months should be OK. The law says that if you stay over one year, you lose your status. But even after one year, you can ask the U,S, embassy to give you a returning resident''s visa if you have a good story as to why you were gone longer than one year. It is important you file U.S. income tax returns. One question they will ask you is did you ever formally take up residence in the USA. Get a job? A house or apartment? A bank account? A car? If they believe you never took up residence, they can cancel your green cards.
It will not affect your green cards unless you stay for more than one year, but it will delay your eligibility to apply for citizenship.
Document your attempts to book a flight back. Ordinarily, we don''t like people out for more than three to four months but if you can show you tried to book flights and were unable to return, then you should be okay. Avoid being our for more than one year as then technically your green card is dead.
This should not be a problem. However, if you are still in Saudi Arabia, contact the U.S. Consulate for prompt assistance. Also, your EB-5 attorney should be able to help. Otherwise, consult an EB-5 attorney.
